MGA BATAS PAMBANSA

BATAS PAMBANSA BLG. 33 - AN ACT
DEFINING AND PENALIZING CERTAIN PROHIBITED ACTS INIMICAL TO THE PUBLIC
INTEREST AND NATIONAL SECURITY INVOLVING PETROLEUM AND/OR PETROLEUM
PRODUCTS, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES

Section 1.Declaration of Policy. – It is the declared policy of the State to
institutionalize as a national way of life energy conservation geared
towards the judicious and efficient use of energy in order to enhance
availability of energy supplies required to support economic, social
and developmental goals. In view of the continuing uncertainty of the
international oil supply, it is imperative that measures to conserve
energy be strengthened and/or petroleum products contrary to the intent
and spirit of judicious usage and conservation of energy, which are
inimical to the public interest and national security, be prohibited
and appropriate sanction therefor be imposed.

Sec. 2. Prohibited Acts. – The following acts are
prohibited and penalized:

(a) Illegal trading in petroleum and/or petroleum
products;

(b) Hoarding of petroleum and/or petroleum products;

(c) Overpricing in the sale of petroleum and/or
petroleum products;

(d) Misuse of petroleum allocations;

(e) Speed contests and rallies involving mainly the
use of motor vehicles, motor-driven watercraft or aircraft utilizing
petroleum-derived fuels, including car and motorcycle rallies and drag
racing; and

(f) Sky-diving and water-skiing.

Sec. 3. Definition of terms. – For the purposes of
this Act, the following terms shall be understood to mean:

"Illegal trading in petroleum
and/or petroleum products" – the sale or distribution of petroleum
products for profit without license or authority from the Government;
non-issuance of receipts by licensed traders; misrepresentation as to
quality and/or quantity; and sale by oil companies, distributors and/or
dealers violative of government rules and regulations.

"Hoarding" – the undue accumulation by a trader of petroleum and/or
petroleum products beyond his or its normal inventory levels and/or the
unjustified refusal to dispose of, sell or distribute the same to
consumers; or the unreasonable accumulation by a person other than a
trader of petroleum and/or petroleum products.

"Overpricing" – the sale of
petroleum and/or petroleum products at prices in excess of those duly
authorized by the Government.

"Misuse of allocation" – the sale, transfer or diversion of mandated
petroleum fuel allocations by oil companies, distributors, dealers or
consumers contrary to the declared intent of the Government in making
such allocation.

Sec. 4. Penalties. – Any person who commits any
act herein prohibited shall, upon conviction, be punished with a fine
of not less than Two Thousand Pesos (P2,000) but not more than Ten
Thousand Pesos (P10,000), or imprisonment of at least two (2) months
but not more than one (1) year, or both, in the discretion of the
court. Furthermore, the petroleum and/or petroleum products,
subject-matter of the illegal trading, hoarding, overpricing and
misuse, shall be forfeited in favor of the Government: Provided, That
if the petroleum and/or petroleum products have already been delivered
and paid, the payment made shall be the subject of the forfeiture, and
if the seller who has not yet delivered has been fully paid, the price
received shall be returned to the buyer, and in addition, if the
offender is a trader, the cancellation of his license.

Trials of cases arising under this Act shall be terminated within
thirty (30) days after arraignment.

When the offender is a corporation, partnership, or other juridical
person, the president, general manager, managing partner, or such other
officer charged with the management of the business affairs thereof
shall be criminally liable.

If the offender is a government official or employees, he shall
perpetually be disqualified from office.

Sec. 5. Repealing Clause. – All laws, decrees,
orders, instructions, rules and regulations which are inconsistent
with, or contrary to, the provisions of this Act are hereby repealed or
modified accordingly.

Sec. 6. Effectivity. – Upon its approval, this Act
shall take effect after five days from its publication in at least two
newspapers of general circulation.